Quarterback Chris Simms #11 of the Tennessee Titans intentionally throws the ball away during the preseason game against the Seattle Seahawks at Qwest Field on August 14, 2010 in Seattle, Washington.
Simms didn't make it to court Monday in the case. He's in the midst of Titans training in Nashville. A Manhattan judge agreed to excuse him but said he needs to be there Oct. 7 for a hearing and trial.
The Manhattan District Attorney's office had asked that a warrant be issued for Simms, but that request was denied by Judge Michael Yavinsky who said, "If Monday are bad because Sundays he works, let's not pick a Monday."
October 7 is a Thursday.
Police say Simms, who's 29, slurred his words and told them he'd been smoking marijuana before he was stopped at a checkpoint July 1. He has said he was just talking about cigarettes.
He faces charges including a misdemeanor count of driving while impaired by drugs.